The Supreme Court clarified the scope of who qualifies as an 'expert' under Section 63(4) of the BSA, allowing wider certification for digital evidence.
Supreme Court Expands Definition of Experts for Digital Evidence
The Supreme Court has ruled on the definition of 'expert' under Section 63(4) of the Bharatiya Sakshya Adhiniyam, stating that certification of electronic evidence is not limited to government-notified examiners. This amendment permits qualified private cyber forensic experts to certify digital records.
The ruling aims to accommodate a broader range of expertise in electronic evidence certification, ensuring that judicial satisfaction is the primary criterion. By doing so, the judgment enables more applicants to actively participate in upholding the integrity of digital evidence presented in court.
“Certification can be undertaken by qualified private experts, enhancing the authenticity of electronic records,” indicated the ruling.
This decision is significant for practitioners, as it expands the pool of professionals capable of certifying digital evidence, potentially streamlining processes in litigation involving electronic records.
Citations
- SC (2026) 3 SCC 60
